In December of 2015, the Rhode Island Supreme Court provided guidance on the duties an attorney advising a trustee owes to the trust's beneficiaries. Audette v. Poulin, 127 A.3d 908 (R.I. 2015). Audette, the beneficiary of a trust, brought claims of negligence and...
PLDO Law Blog
Adam Greshowak
Florida Court Rules Invalidated Will Does Not Revoke Prior Will
A Florida Court has recently applied the doctrine of dependent relative revocation to uphold a prior will where the later will was procured by undue influence. In re Estate of Murphy, 184 So. 3d 1221 (Fla. App. 2d Dist. Jan. 20, 2016). The testatrix, Virginia Murphy,...
Notice of an Employee’s Rights under FMLA Must Include Job Protection Rights
A recent decision by the U.S. Court of Appeals for the Fourth Circuit highlights the importance of proper notice to employees of their rights and responsibilities under the Family and Medical Leave Act (FMLA). (Vannoy v. Fed. Reserve Bank of Richmond, 4th Cir., No....
Employers Must Diligently Investigate Reports of Employee Misconduct
Imagine you receive an email from a customer stating that one of your employees engaged in serious misconduct. However, it's not clear from the email whether the customer is merely disgruntled at your company's service, or if your employee indeed engaged in...
Influencer Marketing Expansion Attracts Federal Regulators
The “influencer” marketing industry, which is predicted to become a $15 billion industry by 2022, is rapidly expanding, and with COVID-19 ramping up e-commerce, brands are increasingly turning to this marketing strategy. Influencers are people with varying amounts of...
How Will COVID-19 Tracking Apps Affect Privacy?
America is grappling with a compelling question during the coronavirus pandemic: should we allow Big Tech and the government to use our smartphones to track our movements, body temperature, and activities to slow the infection rate? As explained by the wonderful...
Navigating Mortgage Relief Options Under The CARES Act
Homeowners challenged to stay current with their mortgage payments due to the COVID-19 crisis are finding relief in several federal emergency measures provided in the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act. Two provisions include a 60-day...
Remote Notarization Has Arrived in Rhode Island (Temporarily)
On Friday, April 3, 2020, Rhode Island Secretary of State issued revised Standards of Conduct for Notary Publics in the State of Rhode Island and Providence Plantations, adding Section 8, which authorizes Remote Online Notarization (RON) of legal documents during the...
Enhanced Bankruptcy Options For Small Businesses Under The CARES Act
With little fanfare, the Bankruptcy Code received its first major revision in 15 years in February 2020. This new revision – called “Subchapter V” – is primarily designed to make it easier for qualified small businesses with total secured and unsecured debt of up to...
